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Council Meeting

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January 29, 2019


Novato City Hall Council Chamber Eric Lucan Mayor
901 Sherman Ave Denise Athas Mayor Pro Tem
Novato, CA 94945 Pam Drew Councilmember
City Phone: (415) 899-8900 Pat Eklund Councilmember
City Fax: (415) 899-8213 Josh Fryday Councilmember
City Regan M. Candelario City Manager
Terrie Gillen City Clerk
Jeffrey A. Walter City Attorney


The City Council welcomes you to attend its meetings which are regularly scheduled on the second and fourth Tuesdays of each month at 6:00 p.m. Please check the Calendar at for exact dates. Your interest is encouraged and appreciated. For information about Public Comment periods and protocols, please see more information below. Agendas and supporting materials are available on the Council’s website listed above, and are available for public review at the following location:

City Offices: 922 Machin Avenue, Monday through Thursday from 9:00 a.m. to 5:00p.m.

The agenda is divided into three main sections, and includes other categories covering routine business.  All references to “City Council” include those other agencies which may be listed at the top of the Agenda.  The City Council may discuss and/or take action on any or all of the items listed on the agenda.

CONSENT CALENDAR: All matters listed on the Consent Calendar are considered to be routine and will be enacted by a single vote of the Council. There will be no separate discussion unless specific items are removed from the Consent Calendar for separate discussion and action. Any Councilmember may remove an item from the Consent Calendar and place it under General Business for discussion.

GENERAL BUSINESS: These items include significant and administrative actions of special interest and will usually include a staff presentation and discussion by the Council.  They will be acted upon by a separate vote.

PUBLIC HEARINGS: Public Hearings are announced and advertised in advance to allow interested persons to make comments for, against, or otherwise, regarding a proposed project or decision. Anyone who challenges any hearing matter in court may be limited to only those issues raised at the public hearing described herein, or in written correspondence delivered to the City Council at, or prior to, the public hearing.

ADDENDUM: If urgent matters arise after the publication of the regular agenda, there will be an addendum. It will be posted at the above referenced locations by Friday at 5:00 p.m. the week before the meeting.

SUPPLEMENTAL MATERIALS: Materials that are submitted to members of the City Council after the agenda packet has been distributed are available for public inspection in the City Clerk's Office, located at 922 Machin Avenue, during normal business hours. Such materials shall also be made available on the City of Novato website at, when practical and provided that City staff is able to post those documents prior to the meeting.  A binder is available for the public at the meeting to view any distributed materials. Also, when non-confidential written materials are distributed to members of the City Council during a public meeting by staff or a member of the City Council, copies shall be made available to members of the public following that meeting.

DISABLED ACCOMMODATION: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (415) 899-8900. Notification at least 48 hours prior to the meeting will enable the City to make reasonable accommodation to help insure accessibility to this meeting. Please note that live captioning is provided on the main screen in Council Chambers and closed captioning is available on TV, live internet streaming, and recorded internet & TV replays. The Council Chambers is also equipped with a Hearing Loop (aka "T-Coil"), focused under the large raised ceiling in the middle of the room. In addition, assistive listening receivers are available for checkout from the City Clerk.

APPOINTMENTS TO COMMITTEES: The Council may establish and make appointments to a Council committee (made up of two Councilmembers) with respect to any item appearing on this agenda.

PUBLIC COMMENT: All members of the public wishing to address the City Council are requested to submit a speaker card in advance to the City Clerk. The Mayor will call the names of speakers from the cards. In addition to receiving comment from the public during the Public Comment period, the Mayor will recognize persons from the audience who wish to address the City Council on a particular agenda item, at the time that item is considered by the City Council. There is a three minute time limit to speak although the Mayor may shorten the time based on the number of speakers. A speaker may not yield his or her time to another speaker. For issues raised during Public Comments that are not on the published agenda, no action can legally be taken. The City Council may direct that the item be referred to the City Manager for action or may schedule the item on a subsequent agenda.

The Mayor has the authority to rule any speaker out of order, including speakers during the Public Comment period, if the subject raised is not within the subject matter jurisdiction of the City Council, or during a public hearing or a general business item if the speaker is not presenting testimony or evidence relevant to the matter or if the speaker becomes disruptive to the proceedings and conduct of the meeting.

The Mayor also has the authority to order any person who willfully interrupts the meeting to be removed from the room. All persons are expected to conduct themselves with civility and courtesy at all times. All persons giving comments shall speak directly to the Council and address issues, not individuals. Personal attacks, cursing and outbursts from the audience in support or opposition to a speaker are not tolerated in order to foster an environment where everyone feels welcome to speak.

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922 Machin Avenue
Novato, California 94945
415.899.8900 main
415.899.8213 fax
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to be held at


January 29, 2019
6:00 PM






There is no closed session announcement.


1. Ceremonial Matter – Proclamation recognizing former Community Development Director Bob Brown

2. Ceremonial Matter – Recognizing Novato Proud Veterans – Dominic Bramante and Tom Hagan

3. Ceremonial Matter – Recognizing Novato Proud Award Recipients – Police Department K-9 Team (Lex and Officer Pilegaard)


6:20 PM (Time is approximate)


1. Each Council member and the City Manager have three (3) minutes each to report on any item regarding conferences or meetings, or his/her activities as needed.

6:30 PM (Time is approximate)


This comment session is for items not on the agenda or for items listed on the Consent Calendar. See agenda cover page for information about Public Comment periods and associated protocol.

6:40 PM (Time is approximate.)


1. Waive reading and authorize introductions and/or adoption of ordinances by title only

(This is a standard procedural action to waive any readings of an ordinance on this agenda, so that the City Council does not have to read the ordinance in its entirety).

2. Approve the minutes of the November 27, 2018 City Council meeting

3. Approve the minutes of the January 14, 2019 City Council special meeting

4. Approve the minutes of the January 15, 2019 City Council special meeting

5. Approve the minutes of the January 15, 2019 City Council special and regular meetings

6. Adopt a resolution authorizing the City of Novato to file an application with the State to extend Medicare Insurance Coverage to Group B employees, and authorize the execution of the application and agreement with the State allowing CalPERS’ members, hired prior to March 1986, to take part in the Medicare portion of the Federal Social Security Retirement program

7. Receive and file the City’s second quarter payment registers, purchase order reports, and travel expense reports for the months of October, November, and December 2018

8. Adopt an ordinance amending Section 14-20 (Unlawful Camping) of Chapter XIV of the Novato Municipal Code to limit application of section to voluntary camping activities on public property – (2nd reading)

9. Authorize the City Manager to submit an application to CalRecycle’s Food Waste Prevention and Rescue Grant Program for funding of up to $400,000 to implement food waste prevention education and outreach, and to increase food recovery throughout Marin County

10. Adopt a resolution amending Budget Resolution 2018-45 to close Capital Improvement Program (CIP) project 14-008 “Old Hamilton Gymnasium Parking Lot Resurfacing” and transfer all remaining appropriations from that project to CIP project 19-004 “Hamilton Pool Resurfacing”


No items are listed for this section

6:45 PM (Time is approximate.)


11. Hold a public hearing to consider increasing the radar enforceable speed limit from 25 mph to 30 mph in both directions of Hill Road between Tamalpais Avenue and Diablo Avenue: consider and possibly take action to introduce an ordinance increasing the said speed limit as specified above applicable to the said portion of Hill Road and find that the adoption of the ordinance increasing the said speed limit is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA guidelines Section 15061(b)(3)

12. Hold a public hearing to consider and possibly take action to adopt a resolution adopting a Mitigated Negative Declaration and a Mitigation and Monitoring Program for the Grant Avenue Bridge Rehabilitation Project (CIP Project Number 09-003) under the requirements of the California Environmental Quality Act (CEQA)

7:05 PM (Time is approximate.)


13. Consider recognizing the City Manager’s performance and adopting a resolution approving the following actions regarding the City Manager’s employment agreement: (1) Approve a $6,000 one-time bonus for performance in 2018, per employment agreement, (2) Amend the City Manager’s employment agreement to increase performance bonus from up to $6,000 to up to $10,000, effective 2019, and (3) Amend the City Manager’s employment agreement to increase the annual base salary by $10,000 per year, retroactive to November 1, 2018

14. Consider installing new traffic controls and traffic calming measures on Mirabella Ave and nearby residential streets, discuss the possible implementation of a parking permit program for the neighborhood, and provide direction to staff

15. Consider vacationing a portion of a Waiver of Vehicular Access Strip along the north side of Gum Tree Court in order to accommodate a second private driveway to the residence located at 764 Eucalyptus Avenue

16. Consider receiving and filing the City’s fiscal year 2018-2019 mid-year financial report

17. Accept the 2017-18 Annual Report from the Novato Bicycle/ Pedestrian Advisory Committee

18. File and accept an informational report from the Police Department regarding 2018 crime statistics and other information on Police Department operations in 2018

9:15 PM (Time is approximate.)


19. Consider and take action to vote and make appointments to the City of Novato’s boards, commissions, and committees


No items are listed for this section.

9:30 PM(Time is approximate.)




I, Terrie Gillen, certify that on January 24, 2019, the agenda of the open session of the January 29, 2019 Novato City Council meeting in Novato, California, was posted on the City Community Service Board at the Police Department and on the City's website

/Terrie Gillen/
Terrie Gillen, City Clerk


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